BRINGING INTERNATIONAL FACULTY,
EMPLOYEES, AND VISITORS TO
CAMPUS
Kendra Smith
Senior Paralegal/ Director of Foreign Faculty Services
Office of the General Counsel
© 2012 Boise State University
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Overview
Immigration law is extremely complicated. Most
complications arise from pursuing a visa that is
incompatible with the department’s or employee’s needs
or that is inconsistent with the University’s procedures.
To minimize visa issues, please contact Kendra Smith, in
the Office of the General Counsel, as soon as you
suspect that an employee or visitor may need a visa.
Please note that in the case of an employee, it is best
practice to notify Kendra Smith as soon as you are
aware that a finalist for a position may require a visa.
© 2013 Boise State University
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Types of Visas
TYPE
USE
DURATION
COST TO UNIVERSITY
H visa
Faculty, Researchers, Postdocs, Professional Staff
6 years (in two 3-year
increments)
$320-$720
$1000 premium processing – if
necessary, dept. or indiv. pays
J visa
Faculty (not tenure-track),
Researchers, Post-docs,
Visiting faculty/ researcher,
visiting scholars (paid or
unpaid)
Up to 5 years
None (although the visitor will
pay fees at the consulate –
approx. $320
F-1 OPT
Student visa with Optional
Practical Training
Faculty, Researchers, Postdocs, Professional Staff
12 months
17 months extension - in
some situations
None
TN Visa
Faculty and Researchers
1 year
None
B-1/B-2 or WT/WB or VWP
Rarely – for those on campus
to give a speech
90 days or less
None (visitor will pay fees at
the consulate – approx. $140)
*Contact Kendra Smith for specifics/details.
© 2013 Boise State University
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Types of Visas
There are at least four types of visas used at the University. You will
need to consult with me to ensure that your employee/visitor
obtains the correct visa and has the correct paperwork.
• H visa – used for most employees – available for up to 6 years (in 3year increments).
• J visa – used for visiting faculty/researcher as well as for visiting
scholars (unpaid by university) – available, in some situations, for up
to 5 years
• F-1 OPT – used, on occasion, for faculty or post-doctoral research
positions – available for 12 months, with an 18-month extension
available in some situations.
• TN visa – available for certain categories of visitors from Canada
and Mexico.
• B-1/B-2 or WT/WB – these are visitor visas. In some, select,
instances a B-1 or WB can be paid by the University.
© 2013 Boise State University
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Types of Employees
•
•
•
•
•
•
Tenure-track and Research Faculty
Visiting professor
Instructor
Post-doctoral researcher
Adjunct faculty
Professional staff
The University requires that all visas related to such
employment be handled through the office of The Office of
the General Counsel.
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Tenure-track and Research Faculty
Types of Visas
• Tenure-track and Research Faculty are generally employed at
Boise State on an H visa. This is an employment visa that is
good for two 3-year increments. There is usually no cost to
the department (in some situations of extreme urgency, an
extra payment of $1000 for “premium processing” must be
paid by the department.)
• Tenure-track and Research faculty may also start work on an
F-1 visa with Optional Practical Training (OPT) authorization.
• Some Tenure-track and Research faculty may be employed on
TN visas.
© 2013 Boise State University
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Tenure-track and Research Faculty
H visa Departmental Requirements
•
•
Complete and submit the H1B Department Data Collection Form.
Provide items requested:
–
–
–
–
–
•
A completed Department Data Collection Form;
A detailed position description which includes the job duties and responsibilities, minimum
education and professional requirements and salary offered;
A copy of any job advertisement placed;
A copy of the offer letter; and
A list of all department members with salary and years of experience.
Changes in title or salary constitute a material change in employment so as to
necessitate an amended filing with USCIS. Failure to do so could result in
sanctions to the university or the individual. Sabbatical constitutes a change in
salary and is generally not permitted while in H visa status.
© 2013 Boise State University
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Tenure-track an Research Faculty
H visa Departmental Requirements
Why is it necessary for the department to provide a list of all
department members with salary and years of experience?
The United States Department of Labor requires that all employees
on an H visa be paid what they determine is the “prevailing wage.”
Additionally, the employer is required to document the actual wage
as well as the wages of similarly situated employees for the support
documentation for the mandatory Labor Condition Application.
The list of all department members with salary and years of
experience is one small portion of the required back-up
documentation. It is University procedure that the department
gather this information.
© 2013 Boise State University
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Tenure-track and Research Faculty
A Note on Hiring Procedures
Please note that the Faculty Search Procedures, as found at
http://hrs.boisestate.edu/managers/advertise-your-positionfaculty/, state the following:
•
5. Permanent Residency: If you anticipate hiring an applicant
who will need to apply for permanent residency at a future date,
you will need to place an online ad in a national journal
(e.g., Chronicle of Higher Education – Note: Must be a journal with
articles not just job advertisements). Online ads and electronic
journals are now sufficient.
• 6. Visas: Contact Kendra Smith at 426-4407 as soon as you are
aware that a finalist for a position may require a visa. For additional
information on international hires (permanent residency and Visas)
© 2013 Boise State University
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Tenure-track and Research Faculty
Hints for Interviewing
• Ask every finalist if they are “authorized to work in the
United States.” If they answer that they need a visa, it is
best to have them visit my office when they do their oncampus interviews or to contact me as soon as you have
hired them.
• In order to ensure that your new hires receive assistance on
a timely manner, please contact me as soon as possible to
set up an appointment. Please do not have them drop in,
as gaps in my schedule are not sufficient to resolve issues
or gather necessary information.
© 2013 Boise State University
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Tenure-track and Research Faculty
F1 OPT Visa
The F1 visa is a student visa. Upon graduation, the
student is eligible to work in their field for 12 months in
a category called Optional Practical Training. In some
areas, this can be extended to 17 months. This visa is
obtained by the student. Although the University is not
required to file documents to obtain this status for the
employee, the Office of the General Counsel must still
be contacted when hiring someone in this category.
© 2013 Boise State University
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Tenure-track and Research Faculty
F1 OPT Visa
The TN visa was developed as part of NAFTA
to facilitate the entry of Canadian and
Mexican citizens who are working for a U.S.
employer in certain occupations.
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Postdoctoral Researcher
The position of Postdoctoral Researcher will be
employed either on an H visa, a J visa or
occasionally on F1 OPT. At times, it can be
difficult to obtain an H visa for this position as
the H visa has a regulation regarding levels of
pay, which some post-doctoral positions may
not meet.
© 2013 Boise State University
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Postdoctoral Researcher
J Visa
The J visa is an exchange visitor visa, good for up to 5 years. This is
a complex visa with some restrictions. The three restrictions (which
don’t apply to all Js) are the:
• 2-year return - in some cases the visitor must return home for 2
years prior to receiving another J professor/researcher visa.
• 12-month bar - visitor is not eligible to begin a program as a
Professor or Research Scholar if he/she was physically present in
any J status for all or part of the twelve month period immediately
preceding the date of commencement.
• 24-month bar - A Professor or Research Scholar who has previously
either completed 5 years on a J or “completed their program” is
ineligible for “repeat participation” in those categories until 24
months have passed.
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Postdoctoral Researcher
J Visa
(continued)
• The J visa is much easier to process than the H visa and it is at no
cost to the University.
• If your employee is on a J visa, please be cognizant of the visa end
date and alert me as soon as possible to any possible extensions of
employment.
• J visa holders are not permitted to be employed in tenure-track
positions.
• This visa type requires that the department assist in orientation to
life in the United States, including transportation, medical facilities,
shopping, etc. and include the visitor in cultural events (a complete
list of requirements will be emailed to inquiring departments.)
• Tenure-track faculty may not be on a J visa.
© 2013 Boise State University
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Adjunct Faculty
Boise State does not sponsor part-time H visas,
therefore adjunct faculty may not be hired on an
H visa. However, it is sometimes possible to hire
an international scholar into an adjunct faculty
position. Please contact Kendra Smith to discuss
this possibility.
© 2013 Boise State University
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Professional Staff
Some professional staff positions may be filled
using an H visa. The position must require an
advanced degree in a particular subject.
© 2013 Boise State University
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Exchange Visitors to Boise State
Examples
• A professor on sabbatical from his home university who is funded
either by his home university or is self-funded wishes to come to
Boise State to conduct research for one year. The department will
provide office space.
• A student wishes to come to Boise State to conduct research and
wishes to work with a certain professor or on some particular
equipment . This student is entirely self-funded or is funded by
their home institution.
• A professor comes to teach/co-teach two summer classes.
• A director comes to Boise State to put on a theatrical production
and will be here for three weeks.
© 2013 Boise State University
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Exchange Visitors to Boise State
Examples
(continued)
In the previous examples, most of these visitors will
come on a J visa. The department has certain duties
required of it when bringing a J Exchange visitor to
Boise State. The department will be required to:
•Provide office space;
•Assist in finding housing and setting up a household;
•Assist in obtaining a SSN if necessary;
•Assist in orientation to life in the United States, including
transportation, medical facilities, shopping, etc.; and
•Include the visitor in cultural events.
© 2013 Boise State University
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Visitors to Boise State
In all instances, a visitor coming to Boise State must have
a certain type of visa. It is best to check with the Office
of the General Counselto determine the appropriate
visa type.
B visa or Visa Waiver program – these categories
should only be used for very short-term visitors (e.g.
someone coming to interview for a job or to co-teach a
very short seminar). Misuse of these visa categories
could have long-lasting implications for both the
University and the visitor. Additionally, payments to
visitors in these categories can be problematic.
© 2013 Boise State University
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Permanent Residency
If you hire someone on an H visa, you should consult
the Permanent Residency Procedure, located at:
http://operations.boisestate.edu/generalcounsel/resid
ency/
Please note: Not all employees are eligible for Boise
State’s Permanent Residency Procedure. Please consult
the webpage listed above.
© 2013 Boise State University
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Permanent Residency
(continued)
The Labor Certification portion of the Permanent Residency
Application must be filed within 180 days from the “date of
selection” which usually means the date on the top of the offer
letter. Due to this time restriction, it is recommended that one
proceed with the Permanent Residency Process as soon as
possible following the first semester at Boise State University.
If the 180-day window is missed or if a print ad was not placed,
one can still pursue Permanent Residency however, readvertising the position may be required. The immigration
attorney selected will be able to advise on this matter.
© 2013 Boise State University
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Conclusion
The University procedure requires that all non-U.S. citizen/
permanent resident employees and visitors to the University
possess the proper visa. In most cases, the University will assist
the employee/visitor in obtaining this visa. Failure to ensure that
an employee/visitor to your department has obtained the
correct visa could endanger the University’s ability to obtain
future visas and/or endanger the employee/visitor’s ability to
enter the U.S. For all matters or questions regarding
international employees and visitors, please contact Kendra
Smith in the Office of the General Counsel.
© 2013 Boise State University
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Kendra Smith
Senior Paralegal/ Director of Foreign Faculty Services
Office of the General Counsel
Email: ksmith2@boisestate.edu
Phone: (208)426-1203
THANK YOU
© 2013 Boise State University
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